Sexual Abuse Defense Lawyer in St. Louis

Defending Against Sexual Abuse Charges in St. Louis County

Have you or someone you love been accused of sexual abuse or a similar offense? These are delicate matters that require the immediate involvement of an experienced criminal defense lawyer if your rights and interests are to be protected to the fullest extent of the law. At The Hammer Law Firm, LLC, we provide aggressive defense against sex crimes in St. Louis and across Missouri. If you are interested in finding out how we can help you, please do not hesitate to call our offices for a strictly confidential case review. You can also review the information on this website to learn more about sexual abuse and other sex-related crimes in Missouri.

Intentionally subjecting another person to unwanted sexual contact constitutes the criminal offense of sexual abuse. In Missouri, this offense may be charged as a misdemeanor or a felony depending on the age of the victim, the type of sexual contact allegedly committed, and other circumstances surrounding the incident. With the harshest penalties enforced, a defendant may face up to 15 years in state prison.

Call The Hammer Law Firm, LLC today at (314) 334-3807 or contact us online to schedule a free consultation with our sexual abuse lawyer in St. Louis.

What is Sexual Abuse?

Sexual abuse is defined, and its penalties outlined, under Missouri Revised Statutes § 566.100 and § 566.101. According to these sections:

• Sexual abuse in the first degree occurs when one "subjects another person to sexual contact when that person is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion."
• Sexual abuse, in the second degree, occurs when one "purposely subjects another person to sexual contact without that person's consent."

Sexual contact is defined as "any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person."

Accordingly, a person who stands accused of inappropriately touching another person against that person's will or without his or her consent may face criminal charges and serious penalties as long as this contact was intentional. The severity of penalties will vary in accordance with the type of charges filed; i.e. first-degree sexual abuse versus second-degree sexual abuse.

What are the Penalties for Sexual Abuse in Missouri?

First-degree sexual abuse is a class C felony punishable by up to 7 years in prison and a fine of up to $5,000. If a deadly weapon is used in the commission of the crime, if the victim is subjected to sexual contact with more than one person or if the victim is less than 14 years old, however, the defendant may face class B felony charges and 5 to 15 years in prison.

Second-degree sexual abuse is typically charged as a class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $1,000. If the defendant has a prior conviction under this section, used a deadly weapon in the commission of the offense, or committed said offense as part of a ritual or ceremony, class D felony charges may apply, and a defendant may face up to 4 years in state prison and a fine of up to $5,000.

Defenses Against Sexual Abuse Charges

Common defenses may include:

• False Allegations: One of the most prevalent defenses in sexual abuse cases is that the allegations are false. People may make false accusations for various reasons, which includes revenge, jealousy, custody disputes, or personal vendettas. When defending against false allegations, it is essential to investigate the accuser's motives and uncover any inconsistencies in their story. We work diligently to gather evidence that challenges the accuser's credibility, including text messages, social media interactions, or witness testimony that contradicts the accuser's claims.
• Consent: In cases involving adults, the defense of consent can be a powerful strategy. If it can be proven that the alleged victim consented to the sexual activity, the charges could be dismissed or reduced. Consent must be voluntary and given freely, without coercion or pressure. The challenge often lies in proving that the accuser gave consent, especially if they later retract their consent or claim it was not freely given. We carefully analyze all communications and behavior between the involved parties to show that consent was present. This can include text messages, phone records, or testimony from individuals who were present before or after the alleged incident.
• Lack of Evidence: In many cases, there is little to no physical evidence to support the accuser's claims. The prosecution will need to prove beyond a reasonable doubt that sexual abuse occurred, and without substantial evidence, this can be difficult to achieve. A lack of forensic evidence, such as DNA, or the absence of witnesses, can weaken the prosecution's case. By challenging the lack of evidence, we can cast doubt on the validity of the allegations. This may lead to the case being dismissed, reduced charges, or an acquittal. In cases with weak or circumstantial evidence, it is critical to highlight the prosecution's inability to meet the legal burden of proof.
• Mistaken Identity: In some instances, the accused may not have been the person who committed the alleged crime. Mistaken identity can happen in situations where the accuser was unable to clearly see the perpetrator or misidentified the individual due to the circumstances of the event. This defense often involves establishing an alibi for the time of the alleged incident or presenting evidence that contradicts the accuser's identification of the defendant.
• Insufficient Intent or Coercion: In some instances, it could be possible to argue that the accused did not possess the criminal intent required for a conviction. Sexual abuse charges often hinge on proving that the defendant intentionally and knowingly executed the act in question. If we can show that the defendant's actions were accidental or misunderstood, this can weaken the prosecution's case.

Contact Our Sexual Abuse Defense Lawyer in St. Louis Today

From the instant you are accused of sexual abuse or any type of sex crime, your reputation, career, and freedom may be at stake. Due to the nature of these crimes and the harsh penalties that may be imposed, defendants need to take immediate action to protect their constitutional rights. That is where a St. Louis sex crime attorney can make all the difference. At The Hammer Law Firm, LLC, we realize what you are up against. Our team is prepared to take on overzealous prosecutors and law enforcement personnel as we work tirelessly to protect our clients' interests inside and outside the criminal courtroom.

Call today to see how our St. Louis sex abuse defense attorney can help with your case.